House File 421 - Introduced HOUSE FILE 421 BY KAUFMANN A BILL FOR An Act relating to the performance of radon testing, and 1 providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2275YH (2) 84 rn/nh
H.F. 421 Section 1. Section 136B.5, Code 2011, is amended to read as 1 follows: 2 136B.5 Penalty Penalties for violation. 3 a. A person who violates a provision of this chapter is 4 guilty of a serious misdemeanor. 5 b. A person who intentionally or negligently misrepresents 6 the capabilities of a device for detecting and measuring radon 7 gas or radon progeny, or the results of a test for the presence 8 of radon gas or radon progeny, or who for compensation performs 9 a test for the presence of radon gas or radon progeny without 10 an objective basis for believing the test will reduce the 11 presence of radon gas or radon progeny, commits a consumer 12 fraud under section 714.16. 13 EXPLANATION 14 This bill relates to the performance of radon testing. The 15 bill provides that a person who intentionally or negligently 16 misrepresents the capabilities of a device for detecting and 17 measuring radon gas or radon progeny, or the results of a test 18 for the presence of radon gas or radon progeny, or who for 19 compensation performs a test without an objective basis for 20 believing the test will reduce the presence of radon gas or 21 radon progeny, commits a consumer fraud under section 714.16. 22 A violation of Code section 714.16 is punishable by imposition 23 of a civil penalty in an amount not to exceed $40,000 per 24 violation, and in addition a civil penalty of not more than 25 $5,000 for each day of intentional violation of a temporary 26 restraining order, preliminary injunction, or permanent 27 injunction. 28 -1- LSB 2275YH (2) 84 rn/nh 1/ 1